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Marine Atlantic Inc. v. Blyth

T-1571-93

Reed J.

20/4/94

13 pp.

Summary judgment-Application for three motions brought in summary judgment -- Plaintiff seeking summary judgment with respect to debt of $185,292 owed by defendant and defendants bringing motion for summary judgment dismissing actions against them -- Plaintiff and defendants in joint venture in travelling business -- Issue whether summary judgment appropriate -- Irrelevant whether case one of set-offs or counterclaims -- Federal Court Rules 432.1 and following (governing summary judgments) should be interpreted by reference to own textual framework -- Rule 432.3(4) providing summary judgment should not be granted on issue when (1) on whole of evidence judge cannot find necessary facts or (2) would be unjust to do so -- Not appropriate situation in which to give summary judgment as amount of claim still in dispute -- Federal Court Rules, C.R.C., c. 663, RR. 432.1, 432.3(4).

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